Judge hopes to act fast on civil suit

April 03, 2007|By Russ Keen, American News Writer

After almost two hours of lawyer talk Thursday as to whether a beef plant might create some nuisances on the south side of Aberdeen, Circuit Court Judge Scott Myren said he will make a decision "as quickly as possible" on the civil lawsuit. In that suit, some residents of southern Aberdeen contend it's probable a beef processing plant that Northern Beef Packers intends to build south of town will create a nuisance or nuisances - specifically, environmental problems. The defense argued Thursday that the plaintiffs' contentions are pure speculation unsupported by evidence. If there were environmental concerns, surely the plant would not have been granted the necessary permits that are in place, said Reed Rasmussen, the defendants' attorney. The plaintiffs - Aaron Johnson, Roger Blum and Evelyn Blum - unjustifiably characterize the plant's impact as the equivalent of "a Katrina hurricane," Rasmussen said. But government officials who granted Northern Beef the permits are "so intoxicated with the economic development possibilities" that they may have overlooked potential negatives, said David Fransen, attorney for the plaintiffs. The defendants - Northern Beef Packers, Hub City Livestock and H&S Land and Livestock - seek a summary judgment. That means they have asked the court to rule in their favor based on state law and affidavits and briefs already presented, and without a trial. The plaintiffs seek a continuance to gather more information. All three live on Eisenhower Circle, which is less than a mile from the plant site. "This case is really in its infancy," Fransen said. "There are still lots of questions that need to be answered." Rasmussen said the plaintiffs have had ample time to gather data and are trying to stall plant construction by asking for a continuance. Lenders that have agreed to supply capital for plant construction will not put up the money as long as litigation against the plant is pending, Rasmussen said. The plaintiffs filed their suit in November. They claim the plant will cause their properties to decrease in value, disrupt their lives and cause emotional distress. They also seek at least $75,000 in damages. At the end of the proceedings Thursday, Myren plunked a foot-high pile of documents related to the lawsuit on the front of his bench. He told the nearly 30 spectators that he received many of the documents at 1 p.m. Wednesday, worked until 7 p.m. Wednesday studying them and resumed reading at 7 a.m. Thursday. But reading is not the same as comprehending, which is why he wants more time before ruling, Myren said. He can grant or deny the summary judgment and can grant or deny the continuance. If he denies the summary judgment, the case will proceed as a normal trial. Site work has begun for the beef plant that owners expect to open in November or December. At maximum capacity, it is expected to employ up to 600 and process 1,500 head of cattle a day.